10837.?Adulteration and misbx'andingr of sauerkraut.     V. S.  v.  71  Cases of
Sauerkraut. Consent decree of condemnation and forfeiture.?
Goods ordered released on bond. (F. & D. No. 16057. I. S. No.?
939-t.    S. No. C-3432.)
On February 20, 1922, the United States attorney for the Western District?
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel for the seizure?
and condemnation of 71 cases of sauerkraut, remaining unsold in the original?
unbroken packages at Louisville, Ky., consigned by the New Albany Canning?
Corp., New Albany, Ind., on or about February 1, 1922, alleging that the?
article had been transported in interstate commerce from the State of Indiana?
into the State of Kentucky, and charging adulteration and misbranding in?
violation of the Food and Drugs Act. The article was labeled in part: " Ind??
iana Home Brand Sauer Kraut * * * Packed by New Albany Canning?
Corp.  (Incorporated)  New Albany, Ind."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive brine or liquor had been mixed and packed therewith and substituted?
wholly or in part for the article.
Misbranding was alleged for the reason that the statement, " Sauer Kraut,"?
was false and misleading and deceived and misled the purchaser, and for the?
further reason that said article was an imitation of, and was offered for sale?
under the distinctive name of, another article.
On April 11, 1922, the said New Albany Canning Corp., claimant, having?
appeared for the property and the matter having come on for hearing before?
the court, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product might be released to said claimant?
upon the payment of the cost of the proceeding and the execution of bond,?
in conformity with section 10 of the act, conditioned in part that the claimant?
rebrand and correctly label the product so as to show its true nature and?
character.
C. W. PUGSLEY, Acting Secretary of Agriculture.